HomeMy WebLinkAboutAdjustment - 2006-05-09 FNCOMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD MAY 9, 2006
MEMBERS PRESENT:
OFFICIALS PRESENT:
Messrs. P. Britton, D. Cybalski and Z. Janecki.
Mr. B. Sloan, Senior Planner, Ms. D. Gilchrist, Secretary-Treasurer and
Ms. R. Brent, Assistant Secretary-Treasurer
Mr. P. Britton, Chair, called this meeting to order at 10:37 a.m.
This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was
called to consider applications regarding variances to Chapter 630 (Fence) of the City of Kitchener
Municipal Code. The Committee will not make a decision on these applications but rather will make a
recommendation which will be forwarded to the Committee of the Whole and Council for final
decision.
The Chair explained that the Committee's decisions with respect to fence variances are
recommendations to City Council and not a final decision. He advised that the Committee's
recommendations will be forwarded to City Council on Monday, July 4, 2006, at 7:00 p.m., and the
applicants may register with the City Clerk to appear at the meeting if desired.
NEW BUSINESS
1. Submission No.: FN 2006-003
Applicant: RubenlJennifer Delgado
Property Location: 72 Kestrel Street
Legal Description: Part of Block 23, Lot 192, Registered Plan 58M-181
Appearances:
In Support: Mr. R. Delgado
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to legalize a 1.8m ~6')
high solid board fence set back Om from River Link Way rather than the required 1.5m X4.9').
The Committee considered the report of the City's Planning Division, dated June 7, 2006
advising the applicant is proposed to legalize a 1.8m high solid board fence located Om from
the side lot line abutting a street. The intent of the City's Fence By-law is to have a fence
greater than 0.9m setback a minimum of 1.5m from a street line to provide separation from the
sidewalk and space for landscaping between the sidewalk and the fence structure to soften the
effect of the fence on the streetscape. The proposed variance does not achieve either
purposes of the by-law, therefore staff cannot support the application as submitted and
recommend the application be refused.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
June 6, 2006 advising they have no concerns with this application.
Moved by Mr. D. Cybalski
Seconded by Mr. Z. Janecki
That the application of Ruben & Jennifer Delgado requesting permission to legalize a 1.8 m ~6
ft.) high solid board fence setback 0 m from the side lot line abutting a street, rather than the
required 1.5 m setback, Kitchener, Ontario, BE REFUSED.
It is the opinion of this Committee that:
COMMITTEE OF ADJUSTMENT 4 JUNE 13, 2006
1. The variance approved in this application is minor in nature.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Municipal Code Chapter 630
(Fence) is being maintained on the subject property.
Carried
ADJOURNMENT
On motion, the meeting adjourned at 10:45 a.m.
Dated at the City of Kitchener this 9th day of May, 2006.
Dianne H. Gilchrist
Secretary-Treasurer
Committee of Adjustment